Summary: We will not investigate this complaint about how the Council has responded to reports of littering and illegal parking in the complainant’s road. This is because there is not enough evidence of fault by the Council. It is also unlikely we could add anything to the response the Council has already sent Mr X.

The complaint

1. The complainant, Mr X, complained about litter in his road which he says is from a local takeaway restaurant. Mr X also says visitors to the takeaway regularly park on double yellow lines or in a disabled space outside Mr X’s home. Mr X wants CCTV installed.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In its responses to Mr X’s complaint the Council has said its Civil Enforcement Officers need to witness littering or parking offences to issue fixed penalty notices. The Council cannot prove where unmarked litter has come from. It has sent extra patrols to the area, but the offences seem to take place outside of normal working hours.
6. The Council says the takeaway has a trade waste agreement and displays signs encouraging customers to use the bin provided. The Council has spoken to the owners of the takeaway but cannot prosecute them because they have not committed any offences. The Council has said it will send extra parking patrols to the area.
7. The Council has explained the process it follows to decide whether to install CCTV but does not think it would solve the problem.
8. I recognise how important the issues at the heart of Mr X’s complaint are to him. Inconsiderate parking can cause inconvenience and litter is unsightly. But we will not start an investigation into his complaint. This is because the Council has provided a proportionate and reasonable response to Mr X’s complaint. It has taken steps to try and improve the situation. If we were to investigate, it is unlikely we would find fault with the Council’s actions or add anything to the response Mr X has already received. An investigation is not therefore appropriate.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council, and it is unlikely we could add anything to the response Mr X has already received.

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Investigator's decision on behalf of the Ombudsman